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Home My WebLink Aboutordinance.council.006-88 ORDINANCE NUMBER ~ ( ~=;e r i e s of 1988 ) AN ORDINANCE APPROVING AN AMENDED AND RENEWED TERM OF OPERATION FOR THE COMMERCIAL CORE AND LODGING AREA COMMISSION UNTIL DECEMBER 31, 1991 DESCRIBING THE COMPOSITION, TERM AND QUALIFI- CATIONS OF COMMISSION ME~IBERS: THEIR POWERS AND DUTIES. PROVIDING FOR APPEALS BY PERSONS AGGRIEVED BY ACTIONS OF THE COMMERCIAL CORE AND LODGING AREA COMMISSION AND ESTABLISHING RULES OF PROCEDURE TO BE FOLLOWED BY THE COMMERCIAL CORE AND LODGING AREA COMMISSION IN EXERCISING IT'S FUNCTIONS. WHEREAS, the City Council establ ished the Commercial Core and Lodging Area Commission until December 31, 1985 by Ordinance Number 1, (~erles of 1981) which Ordinance was amended by Ordinan,:e number 5E" (Series of 1'381) to redu,:e the '=Iuorl.!m re'=Iuirement for transaction of business from four (4) to three ( 3) me mb e r s ; ,.-... WHEREAS, The City Council desires to re-establ ish the Commercial Core and Lodging Area Commission, and to define and establish the geographic area that this Commercial Core and Lodging Area Commission should address as that area enclosed by Dean Street, Monarch Street; Spring Street; the Lodge and Lodge 1 Zones at the base of Aspen Mountain; and that portion of the Ute Avenue area that is primarily devoted to lodging. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: ~=;e c t ion 1 . Establishment of Commission. That there is hereby establ ished the Commercial Core and Lodging Area Com- mission for the City of Aspen, Colorado, for a term of five years or De,:embe r 31, 1'3'31, wh icheve r sha I I fir st. OCCI.! r. Not. h i n 9 he re in ~ sha I I preve nt the re-e st ab I i shme nt of sa id Commi 5S ion on or aft e r. Decembe r 31, 1':~'31, by appropriate action of the City Council at -- it's election. ~:;e c t ion 2. Composition; term; Qualification. The commission s h a I I be con s tit 1.1 t e d a s f 0 I I ow s : Ca) The Commercial Core and Lodging Area Commission shal I r~ consist of five (5) members and one alternate who shal I serve a term of two (2) years Calthough there shall be no restraint on the number of terms any members may serve). Alternates shall vote only in the absence of a regular member and when appointed an alternate shal I be des i 9 n ate d a sac tin 9 for the a b s e n t me mb e r . I nor de r t 0 preserve a balance in the membership profile of the Commission, preference should be given to applicants who would maintain a membership including one represen- tative from the Aspen Lodging Association or Condomin- ium Manager's Association, one I~epresentative from the merchant community, one representative from the Aspen Resort Association, one representative from the Pitkin COI.Jnty Parks Association and one representative "at- I a r ge II . Cb) All original appointments shall be for a period o.f two (2) years Cor the balance of the term of the commis- sion, whichever is less), and made by the City Council. Nothing herein shall be construed to constitute an extension of the term of the Commission beyond that provided in Section 1 hereof. Cc) AI I members of the Commission shal I serve at the ~. pleasure of the City Council and may be removed by a -- majority vote of the whole City Council. There sha\ I be no restraint upon the number of terms any member of the Commission may serve. Cd) No member of the City Council, Mayor, City employ.::.e, nor any appointed officials shall serve on the Commercial Core and Lodging Area Commission. (e) In order to provide City staff expertise and experience to the Commission and to encourage direct communication with the community, the City Engineei', City/County Planning Director, Parks Director and Police Chief shall serve as e:>::-officio members of the Commission. ~ Nothing herein shal I be construed to permit any of the above staff members to vote on matters decided by the Commission. Cf) There shall be imposed no age or residency re'=Iuirement ------ Commission, nor sha I I candidates Core and Lodging Area for appointment be for membership on the Commercial required to be qualified electors. Sect ion 3. Powers and Duties. The Commercial Core and duties, all of which shal I be have the fol lowing powers and exercised subject to the laws of with appropriate conditions and with the publ ic interest and the the Aspen Commercial Core and Lodging Area Commission shal I the state and municipality, safeguards, and in accordance most beneficial development of Lodging Area: Ca) To advise and recommend further development and ~ / implementation of plans and programs for the Commercial -- Core and Lodging Area such as circulation, parking. sidewalks. I andscaping. I ighting, signing. graphics. a I ley imp rove me n t s. pu b I i c t ran sit. and imp rove me n t t 0 e ::d s tin 9 ma I I are as; Cb) To develop and recommend methods of funding the above plans and programs. by. for example. exploring and considerins special assessment districts. local matching fund programs. capital improvement fund programs and state and federal grant progi'ams; C c) To develop incentives for implementation of Commercial programs; Cd) To develop and review programs that various groups may participation in and Core and LodginS Area ~ sponsor to promote the Commercial Core and Lodging Area as a whole; Ce) To administer the "Aspen Streetscape Guidel ines" and the City Ordinance adopting these guidelines; Cf) Upon referral by the Cit.y Council. to review and recommend approval or disapproval of special uses and programs usins downtown streets. sidewalks or malls; Cg) To recommend to the City Counci I such new I egisl at ion as it may deem in harmony with it's function and the matters given to it for administration. and also to recommend revisions of existing legislation affecting the Comme r cia I Core and Lodging Area's condition. .~ development and administration. as it shall deem advisable for the protection of the publ ic health. .- safety and welfare; Ch) To perform such other duties as the City Council may from time to time by ordinance or otherwise impose upon it. Sect ion 4. the Commercial Appeals. Flny person aggrieved by any action of Core and Lodging Area Commission may appeal such ~ de cis ion 0 r 0 r de r tot he C i t Y Cou n c i I wit h i nth i rt Y C 30) day s from the date of the decision or order appealed form. An appeal is perfected by filing notice thereof with the City Clerk. Such notice shal I contain an appropriate reference to the decision or order appealed from. and a dupl icate copy of the same shall be forwarded by the City Clerk to the Chairman of the Commercial Core and Lodging Area Commission. If the City Council fails to provide the remedy prayed for. or any person is otherwise aggrieved by the action of the City Council on appeal. such person may appeal the action within ju r isdict ion. F.:eview sha I I in a court of record of competent not be extended further than to thirty (30) days thereof determine whether the Commercial Core and Lodging Area Commission or City Council has exceeded it's jurisdiction or abused it's discretion. Sect ion 5. F.:ules of' Procedure. Generally. A '=Iuorum for the (3) of the members. The commission shal I consist of three establ ish regular transaction of business of the Commission shal ~ meetings and special meetings may be cal led by the secretary of the Commission on the request of the Chairman or any two members. on at least twenty-four (24) hour written notice to each member .--~, of the Commission provided that a special meeting may be held on shorte r not ice if a II members of the Commission are present or have waived notice thereof. No business shal I be transacted at any special meeting unless it has been stated in the notice of such meet in g. All regu I ar and specia I meet ings of the Commission sha II be open to the public except for executive Cclosed door) meetings as are pe r m i t t e d by law. Citizens shal I have a reasonable oppor- tunity to be heard and al minutes and other records of actions of the Commission shal I be made available to the public. The Commission shal I adopt by-laws for the conduct of it's business not inconsistent with this Ordinance and shal I adopt such rules of procedure as it deems necessary. ~, ~=;ect ion E.. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held inva lid. such inva I idit Y sha II not affect other provisions or appl ications of the Ordinance which can be given effect without the inval id provision or appl ication. and to this end the provisions of this Ordinance are declared to be severable. Ordinance sha II be held on the ~ day of hearing on YhaA-~ the Se c t ion 7. Publ ic He a r in '=I' A pub I ic 1'388. at 5:00 P.M. in the City Council Chambers. I=tspen City Hall. Aspen. Colorado. ~. INTRODUCED. READ AND ORDERED publ ished as provided by law by the City Council of the City of Aspen. Aspen. Colorado at it's regular meeting held at the City of' Aspen on the I~V-I..J day of' ~. 1988. ~'-----/~ WiCi~~~~ .. 'ATTE~=;T : "/ ~~ Cl e rk ~~LY ad~~~~~. passed and approved on the ~~day of ~ ~,~A WilliamL. Stirling. ~Iayor AT'TE::;"r: ~ .~